Can an HOA stop the sale of a condo?
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Can an HOA stop the sale of a condo?
We have 22 units in our condo association. We now have 4 rental units. We have had bylaw for 14 years that a new owner of a condo cannot rent or lease the condo for 1 year after purchase. We have a unit owner now leasing her condo and is selling her condo to a new owner who intends to continue leasing. There are 3 months left on her lease. The HOA wants to prevent this sale.
Asked on June 12, 2019 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, you cannot stop the sale on this basis: whether the new owner suppposedly wants to keep leasing or not, he does not yet own the unit and he therefore has not yet violated the bylaw: therefore, you cannot use your understanding of what a pending owner may do to stop a sale, since the not-yet or potential owner has not (and cannot yet have) violated the bylaws. If he does buy and does lease, you can enforce the bylaws against him by whatever mechanism they provide for violations, such as fines.
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